Climate Change Project

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Governmental Immunity/Drugs - Liability

Brief - Governmental Immunity and Public Health Agency Actions - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

Brief of the Department of Justice in Berkovitz

Study Guide to Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988)

Berkovitz deals with the standards for holding the federal government liable under the Federal Tort Claims Act.  The case arose from claims that the government had not properly certified a batch of polio vaccine, leading to a case of paralytic polio.  The court discusses the standards for discretionary immunity for agency action, which is key to all public health agency liability.


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